PEACH BRANDY.

Mr. HARPER moved the order of the day on the bill to amend the several

acts for laying a duty on spirits distilled within the United States,

and on stills; which motion being agreed to, the House resolved itself

into a Committee of the Whole on the subject, Mr. KITTERA in the chair.

The bill having been read,

Mr. MACON said, that the report of the Committee of Ways and Means, on

the proposition for allowing distillers to take licenses for a week,

having been referred to that committee, if it were taken up at all, this

was the proper time. He should, therefore, propose an additional section

to the bill, to embrace this objection.

Mr. M. accordingly presented a section to allow of weekly licenses.

This motion produced a considerable debate. It was opposed by Messrs.

SEWALL, GRISWOLD, GALLATIN, GORDON, and BROOKS, on the ground that the

duty now paid upon spirits distilled from fruit (which description of

distillers the regulation was avowedly intended to accommodate) was not

equal to that paid by distillers of grain, as the duty on spirits

distilled from fruit was not more than two and a half cents per gallon,

whilst that on spirits distilled from grain paid seven cents; and if the

amendments were agreed to, this inequality would be increased--for

persons who took a license for a week, by preparing their materials

beforehand, and working night and day, would finish their business

within that time, which otherwise would have required a fortnight; by

which means the duty would be reduced from six cents per gallon, on the

capacity of their stills, to four; that it would increase the temptation

to fraud, as that temptation was strong, or the contrary, in proportion

to the length of time for which a license was taken; as a person taking

a license for a fortnight, by working his still one day past the time

specified in his license would gain half a cent a gallon on the capacity

of his still, whilst he who took out a license for six months would only

gain half that sum. If licenses for a week were allowed, the temptation

would therefore be increased; that such a regulation would greatly

augment the duties of excise officers, without rendering any material

advantages to individuals--since, if the owner of a still of fifty

gallons took out a license for a fortnight, when a week might have

served, he would only pay a dollar more than he would have paid for a

week; that when this scale of duties was made, reference was had to the

situation of persons who would be obliged to take out a license for a

fortnight, though they might not have fruit to employ a still more than

a few days, and a rate proportionably low adopted; that the same reasons

which were urged for allowing licenses for a week might be urged for

allowing one for two days; that, though there might be some

inconveniences experienced by the distillers of fruit, (as it was not

doubted there might be in other parts of the law,) yet, as it was only

just got into operation, it would not be right to enter into the

proposed regulation, but defer it to the period when it would most

probably be necessary to go into a review of the whole law.

The motion was supported by Messrs. MACON, HARRISON, HARPER, J. PARKER,

NICHOLAS, VENABLE, R. WILLIAMS, NEW, DENNIS, T. CLAIBORNE, and CLAY. It

was asserted that the law as it now stood excluded four out of five of

the owners of orchards, in the Southern States, from distilling their

early fruit at all; that their peaches ripened hastily, and as hastily

rotted, if not made use of. Persons who had only fruit to employ their

stills for three or four days, sooner than take a license for a

fortnight, suffered their fruit to rot; and to allow licenses for a week

would produce a considerable augmentation of the revenue, since those

persons only would take such a license, who, if that privilege were not

allowed, would not take out a license at all, or such as had occasion to

distil a few days longer after their two weeks' license was expired. It

was unjust to require a man, who had only a small orchard, and occasion

to use a still but a few days, to pay a much higher duty upon his brandy

than his more opulent neighbor. It was not so inconsiderable an object

as gentlemen supposed, since it had not reference to one license

only--farmers in the Southern States having occasion to take out

separate licenses for their early, their middle, and their latter

fruits; and this regulation would not open a door to fraud, as was

supposed. It was an undeserved imputation upon the characters of persons

concerned in this business, to suppose they could be tempted to defraud

the revenue for the sake of half a cent per gallon upon what they could

distil in a day. The penalties consequent upon fraud, if the virtue of

the persons concerned could not be relied upon, were sufficient to guard

against them; and, if they were not, it could not be expected, as some

gentlemen seemed to suppose, that the excise officers should overlook

the conduct of every distiller. If they were to be so inspected and

scourged, an attempt to defraud the revenue could scarcely be blamed;

and, except it were the intention of gentlemen to crush this domestic

manufacture, no reasonable objection could be urged against the

proposition. The objections which had been urged proved the ignorance of

gentlemen in respect to this branch of business; for though the excise

officers would have some trouble in issuing licenses, it was believed

they would be well satisfied to encounter it, since their profits were

in proportion to the quantity of spirits distilled; and though this law

had been but a short time in being, the last season, having been a

scarce fruit season, had given a good opportunity of trying it. As the

application for this amendment was seconded by the whole of the Southern

country, it was entitled to respect, and ought not to be branded with

being a fraudulent design upon the revenue.

In the course of the debate, Mr. GALLATIN called upon gentlemen

acquainted with the subject, to say what was the quantity of spirits

which could be distilled from peaches in a week by a still of the

capacity of thirty, forty or fifty gallons, with a view to show that

this species of spirits paid less at present than spirits distilled from

grain.

Mr. CLAY answered this inquiry, by saying, that a still of fifty gallons

would distil from five to seven gallons of brandy a day. If the weather

was wet, and the peaches rotted quickly, not more than five; but when

the weather was dry, and the peaches sound, seven gallons might be

produced.

The question on the amendment was at length put and carried--45 to 37.

Mr. DENNIS said, he wished to try another principle in this bill. The

law at present required an annual entry of stills, whether they were

used or not, which occasioned persons frequently to ride twenty or

thirty miles to make the entry, when they had no intention to make use

of their still; and not unfrequently, from not meeting with the officers

at home, this journey was taken two or three times over. Indeed, he

believed, more penalties had been incurred on account of this regulation

than any other, and he looked upon it as a useless regulation. When a

still was once entered, he thought it was sufficient, and no future

entry ought to be required, except when a still was about to be made use

of, or when it was transferred into other hands. Mr. D. proposed a

section to this effect; but after some objections to the introduction of

so important a provision into this bill, (which before it could be

decided upon would require considerable discussion,) by Messrs. HARTLEY,

GALLATIN, and HARPER, he agreed to withdraw it for the present.

It having been agreed to fill the blank of the sum per gallon to be paid

on the capacity of a still, when a license was taken for a week, with

_four cents_, the committee rose; the House took up the amendments,

agreed to them, and the bill was ordered to be engrossed for a third

reading to-morrow.

FRIDAY, January 5.

_Count de Grasse._

Mr. LIVINGSTON called for the order of the day on the bill for granting

an annuity to the daughters of the late Count de Grasse; which being

agreed to, the House resolved itself into a Committee of the Whole on

the subject, Mr. DENT in the chair; and, after a number of desultory

observations, the blanks were filled up, viz: the time for which the

annuities should continue was fixed at five years, and the sum per annum

to be allowed at $500 each. The first question was determined by a

considerable majority, there being 57 votes in favor of it; the latter

was carried--46 to 38.

The committee then rose and reported the amendments. They were all

agreed to without a division, except the sum to be allowed per annum.

When that question was put,

Mr. J. WILLIAMS hoped it would not be agreed to. When the subject was

before under discussion, the question on $500 and $400 had been

negatived. $500 a year for the four daughters for five years, he said,

would be $10,000. He thought this a very serious sum. He again adverted

to the situation of many of our own citizens, and called for the yeas

and nays upon the question.

Mr. HARPER asked whether, if, when the Count de Grasse was solicited to

remain with the fleet under his command in the Chesapeake, at his own

risk and responsibility, he had asked as a condition that on some future

day $10,000 should be granted to his daughters, would it not have been

complied with, if it had been ten times that sum? And ought his

descendants to be more hardly dealt with because their father had the

generosity and magnanimity not to make the demand? He trusted not.[28]

After some observations in favor of concurring with the Committee of the

Whole in their vote, by Messrs. THATCHER, BROOKS, LIVINGSTON, and

GORDON; and against it by Messrs. VARNUM, MCDOWELL, and MACON--the

former of whom said that the clergy, in his part of the country, had not

more than three hundred and thirty dollars a year; and the latter

gentleman produced three cases of our own citizens who had lost their

lives in the service of the United States, whose families had been much

more hardly dealt with, viz: the family of a Lieutenant Colonel, who had

four hundred and fifty dollars a year granted them; that of a Major,

three hundred dollars a year; and that of the Marshal of Georgia, whose

family had a grant of two thousand dollars. The yeas and nays were

taken--40 to 43.

The question for allowing five hundred dollars a year being negatived,

four hundred was proposed and carried--46 to 34.

The question being on the bill being engrossed for a third reading, Mr.

BLOUNT called for the yeas and nays upon it. It was carried--55 to 25.

MONDAY, January 15.

LEMUEL BENTON, from the State of South Carolina, appeared, and took his

seat.

_Expenditure for Naval Service._

Mr. LIVINGSTON called up for consideration and decision the resolution

which he had laid upon the table a few days ago, for the appointment of

a committee of inquiry into the expenditure of money which had been

appropriated for the naval service.

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